Terms and Conditions
Upon engaging in a working relationship with Fusedmedia and Cronulla Web Design (referred to as “Company”, “Our”, “Us” or “We”), you (referred to as the Client or you) are also agreeing to accept the following terms and conditions. These terms and conditions should be read in conjunction with any ‘quote’ and or ‘tax invoice’ you have received from Us. By using or accessing this website including the services provided therein, you are accepting all the terms of this notice. Do not used or access this website or engage in a working relationship with us if you do not agree.
These terms and conditions are subject to change without notice.
1. WEB DESIGN AND DEVELOPMENT
a) Based on research, we will submit design options for Client approval. Further development will be based on feedback from the Client. Design concepts will be presented in a Digital format (adobe acrobat pdf) for approval.
b) All quotes are for a license for 1 website only unless stated otherwise. Any copying or duplication is strictly prohibited without consent.
c) Our website development process requires the Client to sign off on each stage of the project before proceeding to the next stage. Therefore, any changes to the site requires the approval of Client before the site is made live.
d) After ‘sign-off’ of a website design concept, any amendments from that point will be subject to additional fees.
e) The Client must provide all content. This includes text, images and any other media required for the completion of your project.
f) Our service provides the design and development of our Client’s websites, however, it is solely the responsibility of our Clients to review all content before signing-off and proceeding to the next stage of development.
g) Websites will be mobile responsive if stated on the quote. This allows your website to be viewable on a mobile device. Any custom amendments/features to the mobile design and functionality may incur additional charges.
h) Formatting of any content or layouts on any new mobile/desktop devices that are released on the market will not be covered by this quote.
i) A website will only go ‘live’ and a remote tutorial will only be conducted after the full payment has been received.
j) The warranty period begins after development has been completed and signed off and the site is live. The warranty does not extend payments due at any stage of the project. The 7-day warranty is provided for front end only (bugs and fixes). A yearly warranty protection pack is available at an extra cost.
k) Although we endeavour to complete every project on time or sooner, we cannot be held responsible or liable for the delay in the design or development of any website design package.
2. BRANDING AND PRINT
a) Print ready artwork is in CMYK. Please review all text and content before signing off for print.
b) We strongly advise that you view all artwork in a printed proof from your chosen printer company before going to print.
c) Please ensure that you are satisfied with the font size, font style (bold, italic, normal), font type and font colours.
d) Please ensure that you are satisfied with all colours and other visual aspects.
e) Please confirm names, addresses, email addresses, phone numbers, company details and any other text displayed.
f) Be sure to carefully read all of the text, and even ask someone else to cast their eyes over it.
g) If possible, print at a scale of 100% as this will provide a true representation (or close to) of how the final product will look.
h) Changes cannot be guaranteed once you have signed-off and provided permission for your product to go to print. Amendments submitted after the final signoff may incur additional charges.
i) Although we do everything to ensure that the final printed product is correct, it is solely the responsibility of the Client to review and sign off on all artwork before going into print production.
a) We do not guarantee first place or first page rankings in SEO. We make every attempt to potentially achieve first place or first page rankings, however, it must be understood that google and other search engines do change their ranking algorithm regularly. For this reason, your ranking position may move, in some cases dramatically. Based on publicly available search provider guidelines (Google, Yahoo etc.), updates to your site can take up to 6 weeks to appear in search results (generally 1 week). Time must be allowed for your website to be properly indexed. We can provide definitive information of when your site was last crawled at any stage.
b) SEO services are invoiced and due on the 1st of the month.
c) Our SEO service applies only to selected keywords chosen and/or approved by the Client.
d) As part of the SEO campaign, we may add links and content to the Client’s website. If the Client chooses to reject these additions, we cannot guarantee the results of this action.
e) Any amendments made to the site by other parties may affect the rankings and we will not be held responsible for this.
f) SEO is determined by many factors outside of our control. We will make use our best efforts, knowledge and techniques to improve a Clients rankings. A websites rankings may go backwards. If this occurs, we will not be held liable. No refunds will be provided in this occurrence.
g) We make no guarantee that SEO will increase sales, lead generation or clicks on your website.
4. MONTHLY SUPPORT PACKAGES
a) Upon receipt of your enquiry, we will respond within 1 business day to either discuss your enquiry further or to provide you with a quote and completion time. If you email is sent outside of business hours, the response time will only begin upon the commencement of the next business day.
b) You have the right to cancel your support package at any time in writing. You must provide at least one month’s notice.
c) If hours are exceeded, you will be charged at the standard hourly rate.
d) You will be required to pay up front at the start of the month for a specific block of hours chosen by you. Your hours purchased are for work to be completed within business hours.
e) Items not included in the monthly support packages are issues relating to website hosting, backups and security.
f) All meetings and reviews will be conducted at least 30 days after the project has begun.
5. BILLING & PAYMENTS
a) Prompt payment of invoices will help to ensure that the project timeline is followed. Payment terms are outlined on each quote and invoice.
b) We reserve the right to stop any production until payments have been made.
c) A website will only go ‘live’ and a tutorial will only be conducted after the full payment has been received.
d) SEO and Maintenance packages will be issued and due on the 1st of the month.
e) You can pay your account via direct deposit into the bank account listed on your invoice or via credit card (contact us to pay by credit card). We use Stratapay to process credit card payments. Before using our credit card payment option, please visit www.stratapay.com We will not be held responsible for any loss or damages that occurs from the use of the Stratapay facilities.
a) We do not offer a backup service. Please enquire with your web hosting provider for a backup procedure.
b) Business hours are 9am – 5pm Monday to Friday. After hours and weekend rates will attract additional charges and will be quoted to the customer before commencement of work.
c) You have the right to cancel your project at any time, however, your final invoice will include all costs incurred up to, and including, your cancellation date. All cancellations must be made via email and will take affect from the date of receipt of the email. Deposits will not be refunded once the project has begun.
d) You are responsible for signing off on each stage of the project. Any changes or corrections that occur after your approval may be charged on a time basis. All changes and corrections are to be provided via email. Whilst all care is taken in checking files for errors, you are responsible for ensuring all errors are corrected before approval.
e) All artwork produced by us will remain our property until the complete payment for the project has been received. You are not permitted to use any design material, concepts, artwork given to you during the project or recreate these artwork and concepts until the full amount owing for the project has been paid. For further information on copyright please visit the Australian Copyright Council’s website: www.copyright.org.au
f) Outsourcing of other services, such as printing and copywriting will incur extra costs. Editing content such as videos will also incur extra costs.
g) The General Response time applies to clients who are not on a monthly support package. The general response time is based on several factors, including current workload, date of request and Clients estimated due date. The prioritisation of jobs are conducted via an internal process on a daily basis. All clients who have purchased a monthly support package will receive a priority service.
h) Hosting – If you are setting up your Domain Name and Web Hosting, we will endeavour to ensure the security of logins, passwords, etc., however, we will not be held responsible for any losses or damage caused as a result of this set up.
i) All photographs provided by you need to be supplied in a digital format. Stock photographs can be purchased at an additional cost to you.
j) Remote Tutorials – Before the installation of any software used to conduct a remote tutorial, please feel free to consult your IT company as we will not be held liable for any issues or disruptions that may arise from any third-party installations.
k) You are responsible for ensuring that you have permission to use all text, images or other artwork provided by you. We will not be held responsible for any liability or downtime related to your business and the ongoing operation of the services/product offered.
l) Security – We offer a base security product. We install a free security product. We accept no liability for any hacking, breaches or unauthorised access to your website, its data and contents.
m) Third Party Account Setup – We do not participate in the setting up of any accounts such as bank accounts, PayPal accounts or credit card accounts. Furthermore, costs of charges by banks etc. are the responsibility of the site owner.
n) We may use various outside “software as a service” solutions or employ Contractors locally, nationally and internationally to test links, mobile responsiveness and the general usability of a website or product. This includes, but is not limited to, initial development and updates. All Services and Contractors will receive limited access to complete the given testing procedures. All Services and Contractors have been vetted to the best of our ability at the time of employment.
o) The warranty begins after the site is live and we have completed the development. The warranty does not extend payments due at any stage of the project. The 7-day warranty is provided for front end only (bugs and fixes). A yearly warranty pack is available at an extra cost.
7. PRIVACY AND CONFIDENTIALITY
a) We acknowledge our responsibility, both during and after the term of our appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by us on behalf of you or disclosed by you to us. We will not be liable for any confidentiality breach out of our control.
b) How can you access and correct your information? You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing us at the usual address listed on our website.
c) What about legally compelled disclosure of information? We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights. We may also disclose account information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Service or to protect the safety of our users and the Public.
8. LINKS AND/OR REFERENCES TO THIRD PARTY SOFTWARE OR WEBSITES
a) Any links, references or information relating to Third Party Software or Websites is provided for convenience only. We are not responsible for, and make no representations, concerning the condition and content of, or products offered at this third-party site. A link does not indicate, expressly or implied, that we endorse the site, or the products or services offered there. Your access to any linked site and use of any products or services offered there is at your own risk. We suggest that you read all terms, conditions and all other information related to any Third-Party Software or Websites before installation. We are not responsible for any practices undertaken by Third Party Software or Websites.
b) We shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the client’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of any third party software.
9. LIMITATIONS OF LIABILITY
a) We shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the customer’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software. We will not be held responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails.
b) Any website can be vulnerable to a “hack” or malicious activity. While this is not a regular occurrence, it is out of our control and we will not be held liable for any loss or damagers that may occur as a result of a ‘hack’ or malicious activity.
c) While we take every effort to ensure the safety of this Website and the information contained or provided or uploaded therein, we do not warrant that the servers that make this website available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats. We recommend scanning any files before downloading.
d) Loss of business – We are not responsible or liable for any downtime of any kind related to your business and the ongoing operation of the service / product offered.